[[CENTER]COLOR=Blue]COMPREHENSIVE NUCLEAR-TEST-BAN TREATY
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The States Parties to this Treaty (hereinafter referred
to as "the States Parties"),
Welcoming the international agreements and other
positive measures of recent years in the field of nuclear
disarmament, including reductions in arsenals of nuclear
weapons, as well as in the field of the prevention of nuclear
proliferation in all its aspects,
Underlining the importance of the full and prompt
implementation of such agreements and measures,
Convinced that the present international situation
provides an opportunity to take further effective measures
towards nuclear disarmament and against the proliferation
of nuclear weapons in all its aspects, and declaring their
intention to take such measures,
Stressing therefore the need for continued systematic
and progressive efforts to reduce nuclear weapons globally,
with the ultimate goal of eliminating those weapons, and of
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general and complete disarmament under strict and
effective international control,
Recognizing that the cessation of all nuclear weapon
test explosions and all other nuclear explosions, by
constraining the development and qualitative improvement
of nuclear weapons and ending the development of
advanced new types of nuclear weapons, constitutes an
effective measure of nuclear disarmament and nonproliferation
in all its aspects,
Further recognizing that an end to all such nuclear
explosions will thus constitute a meaningful step in the
realization of a systematic process to achieve nuclear
disarmament,
Convinced that the most effective way to achieve an
end to nuclear testing is through the conclusion of a
universal and internationally and effectively verifiable
comprehensive nuclear test-ban treaty, which has long
been one of the highest priority objectives of the
international community in the field of disarmament and
non-proliferation,
Noting the aspirations expressed by the Parties to the
1963 Treaty Banning Nuclear Weapon Tests in the
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Atmosphere, in Outer Space and Under Water to seek to
achieve the discontinuance of all test explosions of nuclear
weapons for all time,
Noting also the views expressed that this Treaty
could contribute to the protection of the environment,
Affirming the purpose of attracting the adherence of
all States to this Treaty and its objective to contribute
effectively to the prevention of the proliferation of nuclear
weapons in all its aspects, to the process of nuclear
disarmament and therefore to the enhancement of
international peace and security,
Have agreed as follows:
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ARTICLE I
BASIC OBLIGATIONS
1. Each State Party undertakes not to carry out any
nuclear weapon test explosion or any other nuclear
explosion, and to prohibit and prevent any such nuclear
explosion at any place under its jurisdiction or control.
2. Each State Party undertakes, furthermore, to refrain
from causing, encouraging, or in any way participating in the
carrying out of any nuclear weapon test explosion or any
other nuclear explosion.
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ARTICLE II
THE ORGANIZATION
A. GENERAL PROVISIONS
1. The States Parties hereby establish the
Comprehensive Nuclear Test-Ban Treaty Organization
(hereinafter referred to as "the Organization") to achieve the
object and purpose of this Treaty, to ensure the
implementation of its provisions, including those for
international verification of compliance with it, and to provide
a forum for consultation and cooperation among States
Parties.
2. All States Parties shall be members of the
Organization. A State Party shall not be deprived of its
membership in the Organization.
3. The seat of the Organization shall be Vienna,
Republic of Austria.
4. There are hereby established as organs of the
Organization: the Conference of the States Parties, the
Executive Council and the Technical Secretariat, which
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shall include the International Data Centre.
5. Each State Party shall cooperate with the
Organization in the exercise of its functions in accordance
with this Treaty. States Parties shall consult, directly among
themselves, or through the Organization or other
appropriate international procedures, including procedures
within the framework of the United Nations and in
accordance with its Charter, on any matter which may be
raised relating to the object and purpose, or the
implementation of the provisions, of this Treaty.
6. The Organization shall conduct its verification
activities provided for under this Treaty in the least intrusive
manner possible consistent with the timely and efficient
accomplishment of their objectives. It shall request only the
information and data necessary to fulfil its responsibilities
under this Treaty. It shall take every precaution to protect
the confidentiality of information on civil and military
activities and facilities coming to its knowledge in the
implementation of this Treaty and, in particular, shall abide
by the confidentiality provisions set forth in this Treaty.
7. Each State Party shall treat as confidential and afford
special handling to information and data that it receives in
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confidence from the Organization in connection with the
implementation of this Treaty. It shall treat such information
and data exclusively in connection with its rights and
obligations under this Treaty.
8. The Organization, as an independent body, shall
seek to utilize existing expertise and facilities, as
appropriate, and to maximize cost efficiencies, through
cooperative arrangements with other international
organizations such as the International Atomic Energy
Agency. Such arrangements, excluding those of a minor
and normal commercial and contractual nature, shall be set
out in agreements to be submitted to the Conference of the
States Parties for approval.
9. The costs of the activities of the Organization shall be
met annually by the States Parties in accordance with the
United Nations scale of assessments adjusted to take into
account differences in membership between the United
Nations and the Organization.
10. Financial contributions of States Parties to the
Preparatory Commission shall be deducted in an
appropriate way from their contributions to the regular
budget.
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11. A member of the Organization which is in arrears in
the payment of its assessed contribution to the Organization
shall have no vote in the Organization if the amount of its
arrears equals or exceeds the amount of the contribution
due from it for the preceding two full years. The Conference
of the States Parties may, nevertheless, permit such a
member to vote if it is satisfied that the failure to pay is due
to conditions beyond the control of the member.
B. THE CONFERENCE OF THE STATES PARTIES
Composition, Procedures and Decision-making
12. The Conference of the States Parties (hereinafter
referred to as "the Conference") shall be composed of all
States Parties. Each State Party shall have one
representative in the Conference, who may be accompanied
by alternates and advisers.
13. The initial session of the Conference shall be
convened by the Depositary no later than 30 days after the
entry into force of this Treaty.
14. The Conference shall meet in regular sessions, which
shall be held annually, unless it decides otherwise.
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15. A special session of the Conference shall be
convened:
(a) When decided by the Conference;
(b) When requested by the Executive Council; or
© When requested by any State Party and
supported by a majority of the States Parties.
The special session shall be convened no later than 30
days after the decision of the Conference, the request of the
Executive Council, or the attainment of the necessary
support, unless specified otherwise in the decision or
request.
16. The Conference may also be convened in the form of
an Amendment Conference, in accordance with Article VII.
17. The Conference may also be convened in the form of
a Review Conference, in accordance with Article VIII.
18. Sessions shall take place at the seat of the
Organization unless the Conference decides otherwise.
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19. The Conference shall adopt its rules of procedure. At
the beginning of each session, it shall elect its President
and such other officers as may be required. They shall hold
office until a new President and other officers are elected at
the next session.
20. A majority of the States Parties shall constitute a
quorum.
21. Each State Party shall have one vote.
22. The Conference shall take decisions on matters of
procedure by a majority of members present and voting.
Decisions on matters of substance shall be taken as far as
possible by consensus. If consensus is not attainable when
an issue comes up for decision, the President of the
Conference shall defer any vote for 24 hours and during this
period of deferment shall make every effort to facilitate
achievement of consensus, and shall report to the
Conference before the end of this period. If consensus is
not possible at the end of 24 hours, the Conference shall
take a decision by a two-thirds majority of members present
and voting unless specified otherwise in this Treaty. When
the issue arises as to whether the question is one of
substance or not, that question shall be treated as a matter
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of substance unless otherwise decided by the majority
required for decisions on matters of substance.
23. When exercising its function under paragraph 26 (k),
the Conference shall take a decision to add any State to the
list of States contained in Annex 1 to this Treaty in
accordance with the procedure for decisions on matters of
substance set out in paragraph 22. Notwithstanding
paragraph 22, the Conference shall take decisions on any
other change to Annex 1 to this Treaty by consensus.
Powers and Functions
24. The Conference shall be the principal organ of the
Organization. It shall consider any questions, matters or
issues within the scope of this Treaty, including those
relating to the powers and functions of the Executive
Council and the Technical Secretariat, in accordance with
this Treaty. It may make recommendations and take
decisions on any questions, matters or issues within the
scope of this Treaty raised by a State Party or brought to its
attention by the Executive Council.
25. The Conference shall oversee the implementation of,
and review compliance with, this Treaty and act in order to
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promote its object and purpose. It shall also oversee the
activities of the Executive Council and the Technical
Secretariat and may issue guidelines to either of them for
the exercise of their functions.
26. The Conference shall:
(a) Consider and adopt the report of the
Organization on the implementation of this Treaty and the
annual programme and budget of the Organization,
submitted by the Executive Council, as well as consider
other reports;
(b) Decide on the scale of financial contributions to
be paid by States Parties in accordance with paragraph 9;
© Elect the members of the Executive Council;
(d) Appoint the Director-General of the Technical
Secretariat (hereinafter referred to as "the Director-
General");
(e) Consider and approve the rules of procedure of
the Executive Council submitted by the latter;
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(f) Consider and review scientific and technological
developments that could affect the operation of this Treaty.
In this context, the Conference may direct the
Director-General to establish a Scientific Advisory Board to
enable him or her, in the performance of his or her
functions, to render specialized advice in areas of science
and technology relevant to this Treaty to the Conference, to
the Executive Council, or to States Parties. In that case, the
Scientific Advisory Board shall be composed of independent
experts serving in their individual capacity and appointed, in
accordance with terms of reference adopted by the
Conference, on the basis of their expertise and experience
in the particular scientific fields relevant to the
implementation of this Treaty;
(g) Take the necessary measures to ensure
compliance with this Treaty and to redress and remedy any
situation that contravenes the provisions of this Treaty, in
accordance with Article V;
(h) Consider and approve at its initial session any
draft agreements, arrangements, provisions, procedures,
operational manuals, guidelines and any other documents
developed and recommended by the Preparatory
Commission;
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(i) Consider and approve agreements or
arrangements negotiated by the Technical Secretariat with
States Parties, other States and international organizations
to be concluded by the Executive Council on behalf of the
Organization in accordance with paragraph 38 (h);
(j) Establish such subsidiary organs as it finds
necessary for the exercise of its functions in accordance
with this Treaty; and
(k) Update Annex 1 to this Treaty, as appropriate,
in accordance with paragraph 23.
C. THE EXECUTIVE COUNCIL
Composition, Procedures and Decision-making
27. The Executive Council shall consist of 51 members.
Each State Party shall have the right, in accordance with
the provisions of this Article, to serve on the Executive
Council.
28. Taking into account the need for equitable
geographical distribution, the Executive Council shall
comprise:
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(a) Ten States Parties from Africa;
(b) Seven States Parties from Eastern Europe;
© Nine States Parties from Latin America and the
Caribbean;
(d) Seven States Parties from the Middle East and
South Asia;
(e) Ten States Parties from North America and
Western Europe; and
(f) Eight States Parties from South-East Asia, the
Pacific and the Far East.
All States in each of the above geographical regions are
listed in Annex 1 to this Treaty. Annex 1 to this Treaty shall
be updated, as appropriate, by the Conference in
accordance with paragraphs 23 and 26 (k). It shall not be
subject to amendments or changes under the procedures
contained in Article VII.
29. The members of the Executive Council shall be
elected by the Conference. In this connection, each
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geographical region shall designate States Parties from that
region for election as members of the Executive Council as
follows:
(a) At least one-third of the seats allocated to each
geographical region shall be filled, taking into account
political and security interests, by States Parties in that
region designated on the basis of the nuclear capabilities
relevant to the Treaty as determined by international data as
well as all or any of the following indicative criteria in the
order of priority determined by each region:
(i) Number of monitoring facilities of the
International Monitoring System;
(ii) Expertise and experience in monitoring
technology; and
(iii) Contribution to the annual budget of
the Organization;
(b) One of the seats allocated to each geographical
region shall be filled on a rotational basis by the State Party
that is first in the English alphabetical order among the
States Parties in that region that have not served as
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members of the Executive Council for the longest period of
time since becoming States Parties or since their last term,
whichever is shorter. A State Party designated on this basis
may decide to forgo its seat. In that case, such a State
Party shall submit a letter of renunciation to the Director-
General, and the seat shall be filled by the State Party
following next-in-order according to this sub-paragraph; and
© The remaining seats allocated to each
geographical region shall be filled by States Parties
designated from among all the States Parties in that region
by rotation or elections.
30. Each member of the Executive Council shall have
one representative on the Executive Council, who may be
accompanied by alternates and advisers.
31. Each member of the Executive Council shall hold
office from the end of the session of the Conference at
which that member is elected until the end of the second
regular annual session of the Conference thereafter, except
that for the first election of the Executive Council, 26
members shall be elected to hold office until the end of the
third regular annual session of the Conference, due regard
being paid to the established numerical proportions as
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described in paragraph 28.
32. The Executive Council shall elaborate its rules of
procedure and submit them to the Conference for approval.
33. The Executive Council shall elect its Chairman from
among its members.
34. The Executive Council shall meet for regular
sessions. Between regular sessions it shall meet as may
be required for the fulfilment of its powers and functions.
35. Each member of the Executive Council shall have
one vote.
36. The Executive Council shall take decisions on
matters of procedure by a majority of all its members. The
Executive Council shall take decisions on matters of
substance by a two-thirds majority of all its members unless
specified otherwise in this Treaty. When the issue arises as
to whether the question is one of substance or not, that
question shall be treated as a matter of substance unless
otherwise decided by the majority required for decisions on
matters of substance.
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Powers and Functions
37. The Executive Council shall be the executive organ of
the Organization. It shall be responsible to the Conference.
It shall carry out the powers and functions entrusted to it in
accordance with this Treaty. In so doing, it shall act in
conformity with the recommendations, decisions and
guidelines of the Conference and ensure their continuous
and proper implementation.
38. The Executive Council shall:
(a) Promote effective implementation of, and
compliance with, this Treaty;
(b) Supervise the activities of the Technical
Secretariat;
© Make recommendations as necessary to the
Conference for consideration of further proposals for
promoting the object and purpose of this Treaty;
(d) Cooperate with the National Authority of each
State Party;
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(e) Consider and submit to the Conference the draft
annual programme and budget of the Organization, the draft
report of the Organization on the implementation of this
Treaty, the report on the performance of its own activities
and such other reports as it deems necessary or that the
Conference may request;
(f) Make arrangements for the sessions of the
Conference, including the preparation of the draft agenda;
(g) Examine proposals for changes, on matters of
an administrative or technical nature, to the Protocol or the
Annexes thereto, pursuant to Article VII, and make
recommendations to the States Parties regarding their
adoption;
(h) Conclude, subject to prior approval of the
Conference, agreements or arrangements with States
Parties, other States and international organizations on
behalf of the Organization and supervise their
implementation, with the exception of agreements or
arrangements referred to in sub-paragraph (i);
(i) Approve and supervise the operation of
agreements or arrangements relating to the implementation
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of verification activities with States Parties and other States;
and
(j) Approve any new operational manuals and any
changes to the existing operational manuals that may be
proposed by the Technical Secretariat.
39. The Executive Council may request a special session
of the Conference.
40. The Executive Council shall:
(a) Facilitate cooperation among States Parties, and
between States Parties and the Technical Secretariat,
relating to the implementation of this Treaty through
information exchanges;
(b) Facilitate consultation and clarification among
States Parties in accordance with Article IV; and
© Receive, consider and take action on requests
for, and reports on, on-site inspections in accordance with
Article IV.
41. The Executive Council shall consider any concern
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raised by a State Party about possible non-compliance with
this Treaty and abuse of the rights established by this
Treaty. In so doing, the Executive Council shall consult with
the States Parties involved and, as appropriate, request a
State Party to take measures to redress the situation within
a specified time. To the extent that the Executive Council
considers further action to be necessary, it shall take, inter
alia, one or more of the following measures:
(a) Notify all States Parties of the issue or matter;
(b) Bring the issue or matter to the attention of the
Conference;
© Make recommendations to the Conference or
take action, as appropriate, regarding measures to redress
the situation and to ensure compliance in accordance with
Article V.
D. THE TECHNICAL SECRETARIAT
42. The Technical Secretariat shall assist States Parties
in the implementation of this Treaty. The Technical
Secretariat shall assist the Conference and the Executive
Council in the performance of their functions. The Technical
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Secretariat shall carry out the verification and other
functions entrusted to it by this Treaty, as well as those
functions delegated to it by the Conference or the Executive
Council in accordance with this Treaty. The Technical
Secretariat shall include, as an integral part, the
International Data Centre.
43. The functions of the Technical Secretariat with regard
to verification of compliance with this Treaty shall, in
accordance with Article IV and the Protocol, include inter
alia:
(a) Being responsible for supervising and
coordinating the operation of the International Monitoring
System;
(b) Operating the International Data Centre;
© Routinely receiving, processing, analysing and
reporting on International Monitoring System data;
(d) Providing technical assistance in, and support
for, the installation and operation of monitoring stations;
(e) Assisting the Executive Council in facilitating
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consultation and clarification among States Parties;
(f) Receiving requests for on-site inspections and
processing them, facilitating Executive Council
consideration of such requests, carrying out the
preparations for, and providing technical support during, the
conduct of on-site inspections, and reporting to the
Executive Council;
(g) Negotiating agreements or arrangements with
States Parties, other States and international organizations
and concluding, subject to prior approval by the Executive
Council, any such agreements or arrangements relating to
verification activities with States Parties or other States; and
(h) Assisting the States Parties through their
National Authorities on other issues of verification under this
Treaty.
44. The Technical Secretariat shall develop and maintain,
subject to approval by the Executive Council, operational
manuals to guide the operation of the various components
of the verification regime, in accordance with Article IV and
the Protocol. These manuals shall not constitute integral
parts of this Treaty or the Protocol and may be changed by
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the Technical Secretariat subject to approval by the
Executive Council. The Technical Secretariat shall promptly
inform the States Parties of any changes in the operational
manuals.
45. The functions of the Technical Secretariat with
respect to administrative matters shall include:
(a) Preparing and submitting to the Executive
Council the draft programme and budget of the
Organization;
(b) Preparing and submitting to the Executive
Council the draft report of the Organization on the
implementation of this Treaty and such other reports as the
Conference or the Executive Council may request;
© Providing administrative and technical support to
the Conference, the Executive Council and other subsidiary
organs;
(d) Addressing and receiving communications on
behalf of the Organization relating to the implementation of
this Treaty; and
(e) Carrying out the administrative responsibilities
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related to any agreements between the Organization and
other international organizations.
46. All requests and notifications by States Parties to the
Organization shall be transmitted through their National
Authorities to the Director-General. Requests and
notifications shall be in one of the official languages of this
Treaty. In response the Director-General shall use the
language of the transmitted request or notification.
47. With respect to the responsibilities of the Technical
Secretariat for preparing and submitting to the Executive
Council the draft programme and budget of the
Organization, the Technical Secretariat shall determine and
maintain a clear accounting of all costs for each facility
established as part of the International Monitoring System.
Similar treatment in the draft programme and budget shall
be accorded to all other activities of the Organization.
48. The Technical Secretariat shall promptly inform the
Executive Council of any problems that have arisen with
regard to the discharge of its functions that have come to its
notice in the performance of its activities and that it has
been unable to resolve through consultations with the State
Party concerned.
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49. The Technical Secretariat shall comprise a
Director-General, who shall be its head and chief
administrative officer, and such scientific, technical and
other personnel as may be required. The Director-General
shall be appointed by the Conference upon the
recommendation of the Executive Council for a term of four
years, renewable for one further term, but not thereafter.
The first Director-General shall be appointed by the
Conference at its initial session upon the recommendation
of the Preparatory Commission.
50. The Director-General shall be responsible to the
Conference and the Executive Council for the appointment
of the staff and for the organization and functioning of the
Technical Secretariat. The paramount consideration in the
employment of the staff and in the determination of the
conditions of service shall be the necessity of securing the
highest standards of professional expertise, experience,
efficiency, competence and integrity. Only citizens of States
Parties shall serve as the Director-General, as inspectors or
as members of the professional and clerical staff. Due
regard shall be paid to the importance of recruiting the staff
on as wide a geographical basis as possible. Recruitment
shall be guided by the principle that the staff shall be kept to
the minimum necessary for the proper discharge of the
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responsibilities of the Technical Secretariat.
51. The Director-General may, as appropriate, after
consultation with the Executive Council, establish temporary
working groups of scientific experts to provide
recommendations on specific issues.
52. In the performance of their duties, the
Director-General, the inspectors, the inspection assistants
and the members of the staff shall not seek or receive
instructions from any Government or from any other source
external to the Organization. They shall refrain from any
action that might reflect adversely on their positions as
international officers responsible only to the Organization.
The Director-General shall assume responsibility for the
activities of an inspection team.
53. Each State Party shall respect the exclusively
international character of the responsibilities of the
Director-General, the inspectors, the inspection assistants
and the members of the staff and shall not seek to influence
them in the discharge of their responsibilities.
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E. PRIVILEGES AND IMMUNITIES
54. The Organization shall enjoy on the territory and in
any other place under the jurisdiction or control of a State
Party such legal capacity and such privileges and
immunities as are necessary for the exercise of its
functions.
55. Delegates of States Parties, together with their
alternates and advisers, representatives of members
elected to the Executive Council, together with their
alternates and advisers, the Director-General, the
inspectors, the inspection assistants and the members of
the staff of the Organization shall enjoy such privileges and
immunities as are necessary in the independent exercise of
their functions in connection with the Organization.
56. The legal capacity, privileges and immunities referred
to in this Article shall be defined in agreements between the
Organization and the States Parties as well as in an
agreement between the Organization and the State in which
the Organization is seated. Such agreements shall be
considered and approved in accordance with paragraph 26
(h) and (i).
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57. Notwithstanding paragraphs 54 and 55, the privileges
and immunities enjoyed by the Director-General, the
inspectors, the inspection assistants and the members of
the staff of the Technical Secretariat during the conduct of
verification activities shall be those set forth in the Protocol.
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ARTICLE III
NATIONAL IMPLEMENTATION MEASURES
1. Each State Party shall, in accordance with its
constitutional processes, take any necessary measures to
implement its obligations under this Treaty. In particular, it
shall take any necessary measures:
(a) To prohibit natural and legal persons anywhere
on its territory or in any other place under its jurisdiction as
recognized by international law from undertaking any
activity prohibited to a State Party under this Treaty;
(b) To prohibit natural and legal persons from
undertaking any such activity anywhere under its control;
and
© To prohibit, in conformity with international law,
natural persons possessing its nationality from undertaking
any such activity anywhere.
2. Each State Party shall cooperate with other States
Parties and afford the appropriate form of legal assistance
to facilitate the implementation of the obligations under
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paragraph 1.
3. Each State Party shall inform the Organization of the
measures taken pursuant to this Article.
4. In order to fulfil its obligations under the Treaty, each
State Party shall designate or set up a National Authority
and shall so inform the Organization upon entry into force of
the Treaty for it. The National Authority shall serve as the
national focal point for liaison with the Organization and with
other States Parties.
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ARTICLE IV
VERIFICATION
A. GENERAL PROVISIONS
1. In order to verify compliance with this Treaty, a
verification regime shall be established consisting of the
following elements:
(a) An International Monitoring System;
(b) Consultation and clarification;
© On-site inspections; and
(d) Confidence-building measures.
At entry into force of this Treaty, the verification regime shall
be capable of meeting the verification requirements of this
Treaty.
2. Verification activities shall be based on objective
information, shall be limited to the subject matter of this
Treaty, and shall be carried out on the basis of full respect
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for the sovereignty of States Parties and in the least
intrusive manner possible consistent with the effective and
timely accomplishment of their objectives. Each State Party
shall refrain from any abuse of the right of verification.
3. Each State Party undertakes in accordance with this
Treaty to cooperate, through its National Authority
established pursuant to Article III, paragraph 4, with the
Organization and with other States Parties to facilitate the
verification of compliance with this Treaty by, inter alia:
(a) Establishing the necessary facilities to
participate in these verification measures and establishing
the necessary communication;
(b) Providing data obtained from national stations
that are part of the International Monitoring System;
© Participating, as appropriate, in a consultation
and clarification process;
(d) Permitting the conduct of on-site inspections;
and
(e) Participating, as appropriate, in confidence-
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building measures.
4. All States Parties, irrespective of their technical and
financial capabilities, shall enjoy the equal right of
verification and assume the equal obligation to accept
verification.
5. For the purposes of this Treaty, no State Party shall
be precluded from using information obtained by national
technical means of verification in a manner consistent with
generally recognized principles of international law,
including that of respect for the sovereignty of States.
6. Without prejudice to the right of States Parties to
protect sensitive installations, activities or locations not
related to this Treaty, States Parties shall not interfere with
elements of the verification regime of this Treaty or with
national technical means of verification operating in
accordance with paragraph 5.
7. Each State Party shall have the right to take
measures to protect sensitive installations and to prevent
disclosure of confidential information and data not related to
this Treaty.
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8. Moreover, all necessary measures shall be taken to
protect the confidentiality of any information related to civil
and military activities and facilities obtained during
verification activities.
9. Subject to paragraph 8, information obtained by the
Organization through the verification regime established by
this Treaty shall be made available to all States Parties in
accordance with the relevant provisions of this Treaty and
the Protocol.
10. The provisions of this Treaty shall not be interpreted
as restricting the international exchange of data for scientific
purposes.
11. Each State Party undertakes to cooperate with the
Organization and with other States Parties in the
improvement of the verification regime, and in the
examination of the verification potential of additional
monitoring technologies such as electromagnetic pulse
monitoring or satellite monitoring, with a view to developing,
when appropriate, specific measures to enhance the
efficient and cost-effective verification of this Treaty. Such
measures shall, when agreed, be incorporated in existing
provisions in this Treaty, the Protocol or as additional
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sections of the Protocol, in accordance with Article VII, or, if
appropriate, be reflected in the operational manuals in
accordance with Article II, paragraph 44.
12. The States Parties undertake to promote cooperation
among themselves to facilitate and participate in the fullest
possible exchange relating to technologies used in the
verification of this Treaty in order to enable all States Parties
to strengthen their national implementation of verification
measures and to benefit from the application of such
technologies for peaceful purposes.
13. The provisions of this Treaty shall be implemented in
a manner which avoids hampering the economic and
technological development of the States Parties for further
development of the application of atomic energy for peaceful
purposes.
Verification Responsibilities of the Technical Secretariat
14. In discharging its responsibilities in the area of
verification specified in this Treaty and the Protocol, in
cooperation with the States Parties the Technical
Secretariat shall, for the purpose of this Treaty:
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(a) Make arrangements to receive and distribute
data and reporting products relevant to the verification of
this Treaty in accordance with its provisions, and to
maintain a global communications infrastructure appropriate
to this task;
(b) Routinely through its International Data Centre,
which shall in principle be the focal point within the
Technical Secretariat for data storage and data processing:
(i) Receive and initiate requests for data
from the International Monitoring System;
(ii) Receive data, as appropriate, resulting
from the process of consultation and
clarification, from on-site inspections, and
from confidence-building measures; and
(iii) Receive other relevant data from States
Parties and international organizations in
accordance with this Treaty and the
Protocol;
© Supervise, coordinate and ensure the operation
of the International Monitoring System and its component
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elements, and of the International Data Centre, in
accordance with the relevant operational manuals;
(d) Routinely process, analyse and report on
International Monitoring System data according to agreed
procedures so as to permit the effective international
verification of this Treaty and to contribute to the early
resolution of compliance concerns;
(e) Make available all data, both raw and
processed, and any reporting products, to all States Parties,
each State Party taking responsibility for the use of
International Monitoring System data in accordance with
Article II, paragraph 7, and with paragraphs 8 and 13 of this
Article;
(f) Provide to all States Parties equal, open,
convenient and timely access to all stored data;
(g) Store all data, both raw and processed, and
reporting products;
(h) Coordinate and facilitate requests for additional
data from the International Monitoring System;
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(i) Coordinate requests for additional data from one
State Party to another State Party;
(j) Provide technical assistance in, and support for,
the installation and operation of monitoring facilities and
respective communication means, where such assistance
and support are required by the State concerned;
(k) Make available to any State Party, upon its
request, techniques utilized by the Technical Secretariat
and its International Data Centre in compiling, storing,
processing, analysing and reporting on data from the
verification regime; and
(l) Monitor, assess and report on the overall
performance of the International Monitoring System and of
the International Data Centre.
15. The agreed procedures to be used by the Technical
Secretariat in discharging the verification responsibilities
referred to in paragraph 14 and detailed in the Protocol shall
be elaborated in the relevant operational manuals.
B. THE INTERNATIONAL MONITORING SYSTEM
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16. The International Monitoring System shall comprise
facilities for seismological monitoring, radionuclide
monitoring including certified laboratories, hydroacoustic
monitoring, infrasound monitoring, and respective means of
communication, and shall be supported by the International
Data Centre of the Technical Secretariat.
17. The International Monitoring System shall be placed
under the authority of the Technical Secretariat. All
monitoring facilities of the International Monitoring System
shall be owned and operated by the States hosting or
otherwise taking responsibility for them in accordance with
the Protocol.
18. Each State Party shall have the right to participate in
the international exchange of data and to have access to all
data made available to the International Data Centre. Each
State Party shall cooperate with the International Data
Centre through its National Authority.
Funding the International Monitoring System
19. For facilities incorporated into the International
Monitoring System and specified in Tables 1-A, 2-A, 3 and 4
of Annex 1 to the Protocol, and for their functioning, to the
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extent that such facilities are agreed by the relevant State
and the Organization to provide data to the International
Data Centre in accordance with the technical requirements
of the Protocol and relevant operational manuals, the
Organization, as specified in agreements or arrangements
pursuant to Part I, paragraph 4 of the Protocol, shall meet
the costs of:
(a) Establishing any new facilities and upgrading
existing facilities, unless the State responsible for such
facilities meets these costs itself;
(b) Operating and maintaining International
Monitoring System facilities, including facility physical
security if appropriate, and application of agreed data
authentication procedures;
© Transmitting International Monitoring System
data (raw or processed) to the International Data Centre by
the most direct and cost-effective means available,
including, if necessary, via appropriate communications
nodes, from monitoring stations, laboratories, analytical
facilities or from national data centres; or such data
(including samples where appropriate) to laboratory and
analytical facilities from monitoring stations; and
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(d) Analysing samples on behalf of the
Organization.
20. For auxiliary network seismic stations specified in
Table 1-B of Annex 1 to the Protocol the Organization, as
specified in agreements or arrangements pursuant to Part I,
paragraph 4 of the Protocol, shall meet the costs only of:
(a) Transmitting data to the International Data
Centre;
(b) Authenticating data from such stations;
© Upgrading stations to the required technical
standard, unless the State responsible for such facilities
meets these costs itself;
(d) If necessary, establishing new stations for the
purposes of this Treaty where no appropriate facilities
currently exist, unless the State responsible for such
facilities meets these costs itself; and
(e) Any other costs related to the provision of data
required by the Organization as specified in the relevant
operational manuals.
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21. The Organization shall also meet the cost of provision
to each State Party of its requested selection from the
standard range of International Data Centre reporting
products and services, as specified in Part I, Section F of
the Protocol. The cost of preparation and transmission of
any additional data or products shall be met by the
requesting State Party.
22. The agreements or, if appropriate, arrangements
concluded with States Parties or States hosting or otherwise
taking responsibility for facilities of the International
Monitoring System shall contain provisions for meeting
these costs. Such provisions may include modalities
whereby a State Party meets any of the costs referred to in
paragraphs 19 (a) and 20 © and (d) for facilities which it
hosts or for which it is responsible, and is compensated by
an appropriate reduction in its assessed financial
contribution to the Organization. Such a reduction shall not
exceed 50 per cent of the annual assessed financial
contribution of a State Party, but may be spread over
successive years. A State Party may share such a
reduction with another State Party by agreement or
arrangement between themselves and with the concurrence
of the Executive Council. The agreements or arrangements
referred to in this paragraph shall be approved in
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accordance with Article II, paragraphs 26 (h) and 38 (i).
Changes to the International Monitoring System
23. Any measures referred to in paragraph 11 affecting
the International Monitoring System by means of addition or
deletion of a monitoring technology shall, when agreed, be
incorporated into this Treaty and the Protocol pursuant to
Article VII, paragraphs 1 to 6.
24. The following changes to the International Monitoring
System, subject to the agreement of those States directly
affected, shall be regarded as matters of an administrative
or technical nature pursuant to Article VII, paragraphs 7 and
8:
(a) Changes to the number of facilities specified in
the Protocol for a given monitoring technology; and
(b) Changes to other details for particular facilities
as reflected in the Tables of Annex 1 to the Protocol
(including, inter alia, State responsible for the facility;
location; name of facility; type of facility; and attribution of a
facility between the primary and auxiliary seismic networks).
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If the Executive Council recommends, pursuant to Article
VII, paragraph 8 (d), that such changes be adopted, it shall
as a rule also recommend pursuant to Article VII, paragraph
8 (g), that such changes enter into force upon notification by
the Director-General of their approval.
25. The Director-General, in submitting to the Executive
Council and States Parties information and evaluation in
accordance with Article VII, paragraph 8 (b), shall include in
the case of any proposal made pursuant to paragraph 24:
(a) A technical evaluation of the proposal;
(b) A statement on the administrative and financial
impact of the proposal; and
© A report on consultations with States directly
affected by the proposal, including indication of their
agreement.
Temporary Arrangements
26. In cases of significant or irretrievable breakdown of a
monitoring facility specified in the Tables of Annex 1 to the
Protocol, or in order to cover other temporary reductions of
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monitoring coverage, the Director-General shall, in
consultation and agreement with those States directly
affected, and with the approval of the Executive Council,
initiate temporary arrangements of no more than one year's
duration, renewable if necessary by agreement of the
Executive Council and of the States directly affected for
another year. Such arrangements shall not cause the
number of operational facilities of the International
Monitoring System to exceed the number specified for the
relevant network; shall meet as far as possible the technical
and operational requirements specified in the operational
manual for the relevant network; and shall be conducted
within the budget of the Organization. The Director-General
shall furthermore take steps to rectify the situation and
make proposals for its permanent resolution. The Director-
General shall notify all States Parties of any decision taken
pursuant to this paragraph.
Cooperating National Facilities
27. States Parties may also separately establish
cooperative arrangements with the Organization, in order to
make available to the International Data Centre
supplementary data from national monitoring stations that
are not formally part of the International Monitoring System.
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28. Such cooperative arrangements may be established
as follows:
(a) Upon request by a State Party, and at the
expense of that State, the Technical Secretariat shall take
the steps required to certify that a given monitoring facility
meets the technical and operational requirements specified
in the relevant operational manuals for an International
Monitoring System facility, and make arrangements for the
authentication of its data. Subject to the agreement of the
Executive Council, the Technical Secretariat shall then
formally designate such a facility as a cooperating national
facility. The Technical Secretariat shall take the steps
required to revalidate its certification as appropriate;
(b) The Technical Secretariat shall maintain a
current list of cooperating national facilities and shall
distribute it to all States Parties; and
© The International Data Centre shall call upon
data from cooperating national facilities, if so requested by a
State Party, for the purposes of facilitating consultation and
clarification and the consideration of on-site inspection
requests, data transmission costs being borne by that State
Party.
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The conditions under which supplementary data from such
facilities are made available, and under which the
International Data Centre may request further or expedited
reporting, or clarifications, shall be elaborated in the
operational manual for the respective monitoring network.
C. CONSULTATION AND CLARIFICATION
29. Without prejudice to the right of any State Party to
request an on-site inspection, States Parties should,
whenever possible, first make every effort to clarify and
resolve, among themselves or with or through the
Organization, any matter which may cause concern about
possible non-compliance with the basic obligations of this
Treaty.
30. A State Party that receives a request pursuant to
paragraph 29 directly from another State Party shall provide
the clarification to the requesting State Party as soon as
possible, but in any case no later than 48 hours after the
request. The requesting and requested States Parties may
keep the Executive Council and the Director-General
informed of the request and the response.
31. A State Party shall have the right to request the
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Director-General to assist in clarifying any matter which may
cause concern about possible non-compliance with the
basic obligations of this Treaty. The Director-General shall
provide appropriate information in the possession of the
Technical Secretariat relevant to such a concern. The
Director-General shall inform the Executive Council of the
request and of the information provided in response, if so
requested by the requesting State Party.
32. A State Party shall have the right to request the
Executive Council to obtain clarification from another State
Party on any matter which may cause concern about
possible non-compliance with the basic obligations of this
Treaty. In such a case, the following shall apply:
(a) The Executive Council shall forward the request
for clarification to the requested State Party through the
Director-General no later than 24 hours after its receipt;
(b) The requested State Party shall provide the
clarification to the Executive Council as soon as possible,
but in any case no later than 48 hours after receipt of the
request;
© The Executive Council shall take note of the
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clarification and forward it to the requesting State Party no
later than 24 hours after its receipt;
(d) If the requesting State Party deems the
clarification to be inadequate, it shall have the right to
request the Executive Council to obtain further clarification
from the requested State Party.
The Executive Council shall inform without delay all other
States Parties about any request for clarification pursuant to
this paragraph as well as any response provided by the
requested State Party.
33. If the requesting State Party considers the
clarification obtained under paragraph 32 (d) to be
unsatisfactory, it shall have the right to request a meeting of
the Executive Council in which States Parties involved that
are not members of the Executive Council shall be entitled
to take part. At such a meeting, the Executive Council shall
consider the matter and may recommend any measure in
accordance with Article V.
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D. ON-SITE INSPECTIONS
Request for an On-Site Inspection
34. Each State Party has the right to request an on-site
inspection in accordance with the provisions of this Article
and Part II of the Protocol in the territory or in any other
place under the jurisdiction or control of any State Party, or
in any area beyond the jurisdiction or control of any State.
35. The sole purpose of an on-site inspection shall be to
clarify whether a nuclear weapon test explosion or any other
nuclear explosion has been carried out in violation of Article
I and, to the extent possible, to gather any facts which might
assist in identifying any possible violator.
36. The requesting State Party shall be under the
obligation to keep the on-site inspection request within the
scope of this Treaty and to provide in the request
information in accordance with paragraph 37. The
requesting State Party shall refrain from unfounded or
abusive inspection requests.
37. The on-site inspection request shall be based on
information collected by the International Monitoring
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System, on any relevant technical information obtained by
national technical means of verification in a manner
consistent with generally recognized principles of
international law, or on a combination thereof. The request
shall contain information pursuant to Part II, paragraph 41 of
the Protocol.
38. The requesting State Party shall present the on-site
inspection request to the Executive Council and at the same
time to the Director-General for the latter to begin immediate
processing.
Follow-up After Submission of an On-Site Inspection
Request
39. The Executive Council shall begin its consideration
immediately upon receipt of the on-site inspection request.
40. The Director-General, after receiving the on-site
inspection request, shall acknowledge receipt of the request
to the requesting State Party within two hours and
communicate the request to the State Party sought to be
inspected within six hours. The Director-General shall
ascertain that the request meets the requirements specified
in Part II, paragraph 41 of the Protocol, and, if necessary,
-54-
shall assist the requesting State Party in filing the request
accordingly, and shall communicate the request to the
Executive Council and to all other States Parties within 24
hours.
41. When the on-site inspection request fulfils the
requirements, the Technical Secretariat shall begin
preparations for the on-site inspection without delay.
42. The Director-General, upon receipt of an on-site
inspection request referring to an inspection area under the
jurisdiction or control of a State Party, shall immediately
seek clarification from the State Party sought to be
inspected in order to clarify and resolve the concern raised
in the request.
43. A State Party that receives a request for clarification
pursuant to paragraph 42 shall provide the Director-General
with explanations and with other relevant information
available as soon as possible, but no later than 72 hours
after receipt of the request for clarification.
44. The Director-General, before the Executive Council
takes a decision on the on-site inspection request, shall
transmit immediately to the Executive Council any additional
-55-
information available from the International Monitoring
System or provided by any State Party on the event
specified in the request, including any clarification provided
pursuant to paragraphs 42 and 43, as well as any other
information from within the Technical Secretariat that the
Director-General deems relevant or that is requested by the
Executive Council.
45. Unless the requesting State Party considers the
concern raised in the on-site inspection request to be
resolved and withdraws the request, the Executive Council
shall take a decision on the request in accordance with
paragraph 46.
Executive Council Decisions
46. The Executive Council shall take a decision on the
on-site inspection request no later than 96 hours after
receipt of the request from the requesting State Party. The
decision to approve the on-site inspection shall be made by
at least 30 affirmative votes of members of the Executive
Council. If the Executive Council does not approve the
inspection, preparations shall be stopped and no further
action on the request shall be taken.
-56-
47. No later than 25 days after the approval of the on-site
inspection in accordance with paragraph 46, the inspection
team shall transmit to the Executive Council, through the
Director-General, a progress inspection report. The
continuation of the inspection shall be considered approved
unless the Executive Council, no later than 72 hours after
receipt of the progress inspection report, decides by a
majority of all its members not to continue the inspection. If
the Executive Council decides not to continue the
inspection, the inspection shall be terminated, and the
inspection team shall leave the inspection area and the
territory of the inspected State Party as soon as possible in
accordance with Part II, paragraphs 109 and 110 of the
Protocol.
48. In the course of the on-site inspection, the inspection
team may submit to the Executive Council, through the
Director-General, a proposal to conduct drilling. The
Executive Council shall take a decision on such a proposal
no later than 72 hours after receipt of the proposal. The
decision to approve drilling shall be made by a majority of all
members of the Executive Council.
49. The inspection team may request the Executive
Council, through the Director-General, to extend the
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inspection duration by a maximum of 70 days beyond the
60-day time-frame specified in Part II, paragraph 4 of the
Protocol, if the inspection team considers such an extension
essential to enable it to fulfil its mandate. The inspection
team shall indicate in its request which of the activities and
techniques listed in Part II, paragraph 69 of the Protocol it
intends to carry out during the extension period. The
Executive Council shall take a decision on the extension
request no later than 72 hours after receipt of the request.
The decision to approve an extension of the inspection
duration shall be made by a majority of all members of the
Executive Council.
50. Any time following the approval of the continuation of
the on-site inspection in accordance with paragraph 47, the
inspection team may submit to the Executive Council,
through the Director-General, a recommendation to
terminate the inspection. Such a recommendation shall be
considered approved unless the Executive Council, no later
than 72 hours after receipt of the recommendation, decides
by a two-thirds majority of all its members not to approve
the termination of the inspection. In case of termination of
the inspection, the inspection team shall leave the
inspection area and the territory of the inspected State Party
as soon as possible in accordance with Part II,
-58-
paragraphs 109 and 110 of the Protocol.
51. The requesting State Party and the State Party
sought to be inspected may participate in the deliberations
of the Executive Council on the on-site inspection request
without voting. The requesting State Party and the
inspected State Party may also participate without voting in
any subsequent deliberations of the Executive Council
related to the inspection.
52. The Director-General shall notify all States Parties
within 24 hours about any decision by and reports,
proposals, requests and recommendations to the Executive
Council pursuant to paragraphs 46 to 50.
Follow-up After Executive Council Approval of
an On-Site Inspection
53. An on-site inspection approved by the Executive
Council shall be conducted without delay by an inspection
team designated by the Director-General and in accordance
with the provisions of this Treaty and the Protocol. The
inspection team shall arrive at the point of entry no later
than six days following the receipt by the Executive Council
of the on-site inspection request from the requesting State
Party.
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54. The Director-General shall issue an inspection
mandate for the conduct of the on-site inspection. The
inspection mandate shall contain the information specified in
Part II, paragraph 42 of the Protocol.
55. The Director-General shall notify the inspected State
Party of the inspection no less than 24 hours before the
planned arrival of the inspection team at the point of entry,
in accordance with Part II, paragraph 43 of the Protocol.
The Conduct of an On-Site Inspection
56. Each State Party shall permit the Organization to
conduct an on-site inspection on its territory or at places
under its jurisdiction or control in accordance with the
provisions of this Treaty and the Protocol. However, no
State Party shall have to accept simultaneous on-site
inspections on its territory or at places under its jurisdiction
or control.
57. In accordance with the provisions of this Treaty and
the Protocol, the inspected State Party shall have:
(a) The right and the obligation to make every
reasonable effort to demonstrate its compliance with this
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Treaty and, to this end, to enable the inspection team to fulfil
its mandate;
(b) The right to take measures it deems necessary
to protect national security interests and to prevent
disclosure of confidential information not related to the
purpose of the inspection;
© The obligation to provide access within the
inspection area for the sole purpose of determining facts
relevant to the purpose of the inspection, taking into account
sub-paragraph (b) and any constitutional obligations it may
have with regard to proprietary rights or searches and
seizures;
(d) The obligation not to invoke this paragraph or
Part II, paragraph 88 of the Protocol to conceal any violation
of its obligations under Article I; and
(e) The obligation not to impede the ability of the
inspection team to move within the inspection area and to
carry out inspection activities in accordance with this Treaty
and the Protocol.
Access, in the context of an on-site inspection, means both
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the physical access of the inspection team and the
inspection equipment to, and the conduct of inspection
activities within, the inspection area.
58. The on-site inspection shall be conducted in the least
intrusive manner possible, consistent with the efficient and
timely accomplishment of the inspection mandate, and in
accordance with the procedures set forth in the Protocol.
Wherever possible, the inspection team shall begin with the
least intrusive procedures and then proceed to more
intrusive procedures only as it deems necessary to collect
sufficient information to clarify the concern about possible
non-compliance with this Treaty. The inspectors shall seek
only the information and data necessary for the purpose of
the inspection and shall seek to minimize interference with
normal operations of the inspected State Party.
59. The inspected State Party shall assist the inspection
team throughout the on-site inspection and facilitate its task.
60. If the inspected State Party, acting in accordance with
Part II, paragr